1. OPEN SESSION FOR PUBLIC COMMENT: Kelly Ohlson addressed the Board regarding the hearing held on June 23, 1999 on the proposed Larimer County Road Standards and noted he had questions and comments on same. Mr. Ohlson asked why the grading standards that were originally included in the proposal were not being considered at this time, and he asked if the recommendations made by the Planning Commission regarding the changes were even considered by the Commissioners. Mr. Ohlson stated that he didn't understand the meaning of the motion and what direction was given and stated that if there are 16 changes to the Manual, there should be 16 chances for public participation. Much discussion followed; Mr. Ohlson noted that even though the proposed standards are minimal, they are an improvement.

Commissioner Rennels stated that the reason the grading standards aren't being considered at this time is because they apply to site grading, not just roads, road grading is addressed in the standards; she noted that the changes address community roads, not private roads. Commissioner Rennels stated that she would like to see these guidelines be voluntary for a period of time, possibly 1 1/2 years; she noted that these are good guidelines and 1 1/2 years will allow time to get the facts and then changes can be made before they become standards, which should apply to everyone. Chair Olson stated that these road standards are recommendations which came out of the Wild Fire Task Force. Mr. Ohlson reiterated again that if changes are made, the public should have an opportunity to comment on them.

APPROVAL OF MINUTES FOR WEEK OF JUNE 29, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Minutes for the week of June 29, 1999, as submitted.

Motion carried 2 - 0.

APPROVAL OF SCHEDULE FOR WEEK OF JULY 12, 1999:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Schedule for the week of July 12, 1999, as submitted and revised.

Motion carried 2 - 0.

There were no invitations for the Board to review today.

4. APPROVAL OF CONSENT AGENDA:

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the following action items and documents as listed on the Consent Agenda for Document Review on July 6, 1999:

ACTION ITEMS: Appointments of the following to the Urban Growth Area Review Board, effective July 1, 1999 through June 30, 2002: Robert Rudolph (County Appointment) and Cary Alburn III and Re-appointment of Bob Long (Joint Appointments pending City Council Approval). Appointments of the following to the Rural Land Use Board, effective July 1, 1999 through June 30, 2002: Benjamin Mahrle, William Sears, Randy Fischer, Gale Dunn. Re-appointments of the following to the Community Corrections Advisory Board, effective July 1, 1999 through June 30, 2001: Phillip Bolduc, Leonard Medoff, and Daniel Quinn; and Waiver of Term Limits for Roland Gilmore; Ann Harbour, and Frank Russell.

5. RESOLUTION CONCERNING THE HISTORIC LOVELAND BUSINESS IMPROVEMENT DISTRICT: Ms. Chase stated that the City of Loveland and the people of the central business district have encouraged the Downtown Development Authority (DDA) to form the Historic Loveland Business Improvement District (BID) to replace the DDA. Mr. Lancaster stated that this issue was discussed with the Loveland City Council last week and he noted that the purpose of the BID will be to help with the viability and vitality of downtown Loveland; it was also noted that this will be a ballot issue and the petitions to place the initiative on the ballot are currently being circulated. Ms. Chase requested Board approval of a resolution supporting the Loveland BID; Chair Olson asked Ms. Chase if she had a petition for the Commissioners to sign today.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt a Resolution concerning the Loveland Business Improvement District, as requested, and authorize the Chair to sign the resolution and the petition supporting same.

Motion carried 2 - 0.

R99-77g RESOLUTION CONCERNING THE LOVELAND BUSINESS

IMPROVEMENT DISTRICT

6. DISCUSSION OF DRAINAGE ISSUES NEAR PRAIRIE TRAILS SUBDIVISION: Mr. Burns discussed the letter dated June 23, 1999 from adjacent property owners regarding a violation of a condition of approval for the Prairie Trails Subdivision; he described the location of this subdivision as south and west of Loveland. The concern of the neighbors is that condition #2, which was specifically written to protect their ponds, has not been enforced nor have the conditions regarding dust and erosion control, road maintenance, and safety exposure notifications been enforced by the County. The letter further stated that the County has failed to properly monitor the Prairie Trails project, and has taken no action when notified of problems. Mr. Burns explained the situation, he noted that there are five little ponds which are used for irrigation of the yards and agreements were made between the developers and the neighbors which say that if the ponds become diminished, the developers agree to replenish that water supply through whatever means they can find. Mr. Burns stated that the focus of the disagreement is "What constitutes diminishment of the water?" Mr. Burns stated that he suggested to the parties that they suspend their dispute until November 1999, but the neighbors want action today. Mr. Burns noted that the ponds are refilling and things are temporarily looking more favorable. In the meantime, the County will suggest to the developers that they need to take action by that time or will consider legal alternatives to cause them to replenish the water supply; he noted that replenishment was put in as a condition of approval of that development. Mr. Burns proposed that the Board write the homeowners a letter stating that they are cognizant of their concerns and are monitoring the situation very closely and will discuss the matter with the Engineering Department and if there is not improvement by December 1, 1999, they will be happy to meet with them; he suggested that the letter be sent individually to the twelve neighbors. Mr. Lancaster will draft a letter and have Mr. Burns and Assistant County Attorney Jeannine Haag review it before presenting it to the Board for approval and the Chair's signature.

7. REQUEST TO APPOINT DIRECTOR OF MENTAL HEALTH DEPARTMENT: Ms. Snell requested Board approval to appoint Interim Mental Health Director Randy Ratliff as permanent Director of the Mental Health Center; she noted they are working very hard to transition the Mental Health Center to non-profit, hopefully by January 1, 2000, and so this would be less than a six-month appointment. Ms. Snell stated that Mr. Ratliff has been Interim since last September and if he would remain in that position, he would have been Interim for over a year, which is beyond County guidelines. Ms. Snell noted that Human Resources Director Mr. Jacobs concurs with this appointment, as there is not time in less than six months to do a search, nor is it of value to the County financially to advertise for a position that will only be in the County for less than six months. Ms. Snell stated that Mr. Ratliff has exhibited strong leadership as Interim and has a good deal of information, both about the internal workings of the Center and about their funding partners and the State, and is recognized by both of them as the leader and it would help them in the transition if they had a recognized leader, rather than an Interim. The Board asked if they have discussed this with their manager, staff and teams and if they had a voice in this decision; Ms. Snell responded in the affirmative. Ms. Bobbitt discussed the reactions from staff from those discussions.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners appoint Randy Ratliff as Director of the Mental Health Center until January 1, 2000, or until the transition to non-profit states occurs.

Motion carried 2 - 0.

8. LARIMER COUNTY WORKS TANF BONUS PROGRAM: Ms. Jardine requested Board approval of the Larimer County Works Participation Bonus Program; she noted that this bonus program was developed to positively reward Larimer County Works participants who successfully meet and/or exceed the current hours of federally-mandated work participation. Ms. Jardine stated that this program will be implemented July 1, 1999, if approved, and the bonus will be $100 for the month reported. Ms. Jardine submitted a copy of the policy, which has been reviewed by Joni Friedman, ETS Director, and supported by Ginny Riley, Director of Human Services. Ms. Jardine described the bonus program and the reasons for implementing this participation bonus system.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners approve the Larimer County Works TANF Bonus Program, as requested.

Motion carried 2 - 0.

9. CHILD SUPPORT PRESENTATION: Ms. Bernschein reported on the success in Larimer County of their child-support program and in reaching their first big landmark, which is that in May of this year, they collected their first million dollars in child support; she noted that in 1988, they collected a million dollars for the entire year. Ms. Bernschein continued that for their 14,000 children, this means they have improved financial involvement from parents; she noted that they are exceeding all of their goals. Ms. Bernschein described other awards they have received; she noted that at the recent statewide Child Support Conference in Crested Butte they received 3 of the 4 customer service awards.

10. WORKSESSION: There were no worksession items for discussion today.

11. COMMISSIONER REPORTS: There were no Commissioner reports today.

At this time, Assistant County Attorneys Jeannine Haag and Bryan Treu, Director of Planning Larry Timm, Senior Planner Rob Helmick, and Scott Cornell, Environment Site & Access Specialist, joined the meeting for Legal Matters.

LEGAL MATTERS:

-- Mr. Helmick stated that he met with the Colorado State University (CSU) ARDEC staff recently and advised them they need to go through the location and extent review process for phase two of ARDEC - which is moving the Animal Sciences Facilities from East Drake Road to County Road 56. Mr. Helmick stated that he thought they had an understanding but they then sent in a cover letter, but did not include an application or application fee. Mr. Helmick requested policy direction from the Board as the location and extent review process only goes to the Planning Commission; he asked if CSU needs to: 1) Submit an application; 2) Pay the application fee; 3) What direction should staff take in their staff report to the Planning Commission regarding requiring them to make improvements on CR 56; and 4) Pay the Capital Expansion Fee for roads. Mr. Helmick stated that there is going to be a classroom building at this location and CR 56 is unpaved and the daily student count will be between 30 to 50, which will probably be single vehicle occupancy, and 10 days a year they will have special events with 300 to 400 people on a single day. Mr. Timm stated that he advised them to go through the location and extent review process per State Statutes; however, they maintain they don't have to do that and sent in the cover letter as a courtesy. Questions from the Board and discussion followed; the major issue is the traffic on the road. Mr. Helmick stated that Ms. Haag advised that they are subject to the process. Ms. Haag stated that the Planning Commission can deny the application for the following reasons: 1) They haven't paid their application fee; 2) The information given is inadequate or insufficient; 3) They don't have enough information to warrant approval, etc.; she noted that the Board needs to talk to the local Legislators about this location and extent issue regarding what regulations one public entity has and can impose on another one. Chair Olson stated that she wants to talk to CSU about contributing to improvements on CR 56. Mr. Lancaster suggested that the Board send a letter to President Yates stating that the County will: 1) Waive the application fee; 2) Not collect Capital Expansion Fees; but 3) Actively engage in negotiations with CSU regarding impacts on CR 56; a copy of the letter will go in the staff report to the Planning Commission.

-- Ms. Haag briefly discussed the proposed rural road standards with the Board; she noted she wrote a draft according to her understanding of the direction the Board gave at the road standards hearing on June 23, 1999. Ms. Haag stated that that Mr. Cornell reviewed the draft but the way it was written was not his understanding of the Board's direction. Much discussion followed; Mr. Cornell recommends the guidelines be adopted as written and then they will work with the inconsistencies as they arise. Commissioner Rennels wants the guidelines to be on a voluntary basis for at least one year. After lengthy discussion, Ms. Haag stated she will revamp the "Private Local Access Road Standards" again and get a copy to the Board before July 19, 1999; she cautioned that at the next hearing on July 19, 1999, the Board may need to allow for additional staff dialogue about the "middle of the ground" approach because of issues and questions that will come up that were not anticipated. Ms. Haag will have the revised draft ready for the Board to review by this Friday, July 9, 1999.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners go into Executive Session at 11:25 a.m. to discuss current litigation.

Chair Olson noted that the following are consent items and will not be discussed in detail unless requested by the Commissioners or members of the audience. Two unidentified persons in the audience requested that the Colony Ridge Estates II Preliminary Plat Time Extension and the Windsor Tree Farm Subdivision be removed from the consent agenda.

RIVERSIDE FARM PLANNED UNIT DEVELOPMENT TIME EXTENSION

(#96-MS0832): SE 27-04-69 - SOUTHEAST CORNER OF U.S. HIGHWAY

287 AND COUNTY ROAD 4E, WITH CR 17 RUNNING ALONG THE

EASTERN BOUNDARY OF THE PROPERTY; LITTLE THOMPSON RIVER

IS LOCATED AT THE SOUTHERN END OF THE SITE

This is a request to extend the Preliminary Phase Plan for one year. The staff recommendation is for approval of the requested extension for one year of the Riverside Farm PUD Preliminary Plan, with the following conditions: 1) Provide an agreement with the Riverglen Homeowners Association to provide waste water treatment to be submitted with the final plat; 2) An application for revision to the Riverglen treatment plant site approval shall be made prior to submitting the final plat; 3) Revision of the site approval for the Riverglen treatment plant shall be completed prior to recording of the final plat; 4) If the site approval indicates that a revision of the discharge permit for the Riverglen treatment plant is required, the revisions shall be completed and approved prior to issuance of building permits; 5) Dedication of ROW for the adjoining County Roads 17 and 4E, as requested by the County Engineering Department; 6) Dedication of ROW for Highway 287, as requested by CDOT: 7) Paving of County Road 4E, coordinated with the paving of County Road 17 and the improvements to Highway 287; 8) All engineering plans must comply with the requirements of the Engineering Department, as detailed in their letter of January 23, 1997; 9) Negotiate with the County Parks Department on relocating the trail easement outside of the riparian corridor; 10) Submit a final landscape and management plan for all open space areas, at final plat. This shall include cost estimates and improvement guarantees; 11) All commitments or record, either in the file or a part of the hearing record, are part of this approval; 12) Payment of park fees at building permit; 13) Payment of road fees at building permit; 14) Payment of school fees at building permit; 15) All structures shall require a complete soils investigation and engineered footings and foundations; 16) All building permits shall comply with the current radon testing procedures; 17) The plat shall contain the typical required notes regarding the existence of agricultural uses, wildlife, prairie dogs and mosquitoes; 18) Those irrigating out of the Elgin Ditch will be provided with an easement that addresses their concerns; 19) Right turn lanes at northbound Highway 187 at County Road 4E shall be constructed prior to the issuance of building permit and by CDOT or developer shall be responsible for their construction. This construction and timing or improvements to be determined and reviewed at final plat approval.

CONNELL WELLINGTON PIT SPECIAL REVIEW RELEASE OF

COLLATERAL FOR PUBLIC IMPROVEMENT (#95-ZR0643): SW 1/4

03-06-68 - NORTH SIDE OF CR 36 AND EAST OF FOSSIL CREEK

RESERVOIR INLET, WEST OF I-25

This is a request for release of collateral for road improvements to Harmony Road and County Road 7 associated with the Connell Wellington Pit. The staff recommendation is for approval of the request for release of collateral for Connell Wellington Pit Special Review, with the condition that warranty collateral in the amount of $13,623.00 be provided until July 31, 2000, as requested by the County Engineer.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff recommendations and approve the Riverside Farm Planned Unit Development Time Extension (#96-MS0832) and the Connell Wellington Pit Special Review Release of Collateral for Public Improvements (#95-ZR0643); each, with the conditions as outlined.

Motion carried 2 - 0.

COLONY RIDGE ESTATES II PRELIMINARY PLAT TIME EXTENSION

(#97-SU0993): NE 1/4 - 03-04-69 - 1/2 MILE SOUTH OF CR 14, WEST OF

AND ADJACENT TO CR 17 (SOUTH TAFT), JUST EAST OF CAMPION;

ACRES; 23 LOTS; R-1 RESIDENTIAL ZONING

This is a request to extend the Preliminary Plat approval for Colony Ridge Estates II Subdivision. The gentleman who requested this item be removed from the consent agenda stated that he misunderstood and only wanted to say he was here in support of this item. Staff findings include: 1) The Preliminary Plat for Colony Ridge II Subdivision was approved September 15, 1997 with conditions; 2) The applicant is requesting a one-year extension to submit the final plat. The staff recommendation is for approval of the extension of the Preliminary Plat until June 22, 2000; all conditions of approval as stated in the Findings and Resolution dated September 15, 1997 shall continue to apply.

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and staff recommendation and approve the Colony Ridge Estates II Preliminary Plat Time Extension (#97-SU0993), with conditions as outlined in the Findings and Resolution dated September 15, 1997.

Motion carried 2 - 0.

WINDSOR TREE FARM SUBDIVISION PRELIMINARY PLAT (#99-S1387):

13-06-68 - 2.5 MILE EAST OF I-25 AND NORTH OF HIGHWAY 392 ON

COUNTY LINE ROAD NORTH WEST OF THE TOWN OF WINDSOR;

29.13 ACRES; 2 LOTS; FA-1 FARMING ZONING

This is a request to divide a 29-acre parcel into two lots of approximately 2.3 acres and 26.8 acres in size for single family residential uses. Applicant Mark George stated he had one question regarding access; he noted they were going to have a new access off CR 13 and he noticed in the staff report that there is a $1,900 charge. Mr. George stated that they are on the County line and Weld County grades their road and he asked if they could be excused from the charge. Mr. Helmick stated that Mr. George is referring to condition #5 and, irrespective of the maintenance responsibility on that road, that is a fee applied to all the County roads in the area and is a fee charged at the time of building permit and is not for the additional access. Staff findings are: 1) The proposed Windsor Tree Farm Subdivision is consistent with the Larimer County Comprehensive Plan; 2) The proposal is harmonious with the surrounding neighborhood; 3) The proposal is supported by various review agencies including those noted above; 4) The location of the proposed access road will divide the smaller lot. While this design is generally not preferable, its location as shown does help to preserve the agricultural uses at the site and better satisfied the intent of the Comprehensive Plan.

The Planning Commission/Staff recommendation is for approval of the Windsor Tree Farm Subdivision as shown on the site plan with the following conditions: 1) The Final Plat shall be completed in strict conformance with the conditionally approved Preliminary Plat, including all notes, building envelopes, dedicated right-of-way for County Road 1, etc. Any easements shown on the Preliminary Plat and requested by the utility companies, or requested by staff for irrigation ditch maintenance, shall be provided on the final plat; 2) Plans describing the road improvements for the new access (access road with turnaround) shall be submitted and approved by the County Engineering Department prior to recording the final plat; 3) The following notes shall be included on the final plat: a) The shared drive in the Windsor Tree Farm Subdivision shall not be maintained by Larimer County; b) Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed, but prior to issuance of a Certificate of Occupancy, shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specified that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt if submitted; c) Engineered footing and foundation plans shall be required for all construction on these lots; d) Underground utilities shall be required; e) Rural issues: (1) Lot owners should be advised that there is a potential for nuisance conflicts from wildlife (such as skunks, raccoons and snakes). Lot owners should be prepared to address wildlife conflicts if they arise; (2) During certain times of the year, mosquitoes may present a significant nuisance. Larimer County does not have a mosquito abatement program. Any mosquito abatement activity will be the responsibility of the homeowner; such activity must be according to applicable Federal, State and local rules and regulations; 4) The applicant shall satisfy all requirements of referral agencies and those of the Larimer County Planning Department in the final plat documents, unless waived by the Larimer County Board of Commissioners; 5) The applicant shall pay the required fees for Capital Expansion and Fees in Lieu of Land Dedication, as adopted by Larimer County Resolution on November 9, 1998, and outlined above in the staff report under major concerns, subsection G (Fees).

M O T I O N

Commissioner Rennels moved that the Board of County Commissioners adopt the staff findings and Planning Commission/Staff recommendation and approve the Windsor Tree Farm Subdivision Preliminary Plat (#99-S1387), with the conditions as outlined.